Rajesh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17438 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Rajesh Kumar Mahto, Son of Ram Sagar Mahto, Resident of Village- Pusaho, P.S.- Bithan, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 06.02.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from the courtyard of the petitioner, 14 litres of illicit country made liquor were recovered. It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house of the petitioner and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the recovery has been made

Patna High Court CR. MISC. No.17438 of 2019(2) dt.29-03-2019 2/2 from the courtyard of the petitioner.

Considering the quantity of recovery from the joint family house of the petitioner and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-3rd -cum- Special Judge, Excise, Samastipur in connection with Excise Case No. 38 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T